MARTINEZ v. CITY OF OXNARD

No. 00-56520.

270 F.3d 852 (2001)

Oliverio MARTINEZ, Plaintiff-Appellee, v. CITY OF OXNARD; Oxnard Police Department; Art Lopez, Chief; Maria Pena; Andrew Salinas; Ron Zavala, Defendants, and Ben Chavez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2001.


Attorney(s) appearing for the Case

Alan E. Wisotsky, Oxnard, California, for the defendant-appellant.

R. Samuel Paz, Los Angeles, California, for the plaintiff-appellee.

Before: KIM McLANE WARDLAW, RICHARD A. PAEZ and RICHARD C. TALLMAN, Circuit Judges.


Argued and Submitted June 11, 2001 — Pasadena, California.

TALLMAN, Circuit Judge:

We must determine whether a police officer who conducts a coercive, custodial interrogation of a suspect who is being treated for life-threatening, police-inflicted gunshot wounds may invoke qualified immunity in a civil suit for damages under 42 U.S.C. § 1983 (2001). Under the circumstances of this case, we hold he may not.

I

On November 28, 1997...

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